General Terms and Conditions of Use of the Website and Data Processing Policy

1. Legal Information

The www.polochon-cie.fr website is published by the company 929, a simplified joint-stock company registered in the Trade and Companies Register of VILLEFRANCHE-TARARE under number 819 808 718 with a capital of € 11,230 and having its registered office located at 407 rue Peignaux Dame, Le Bois-d'Oingt, 69620 VAL D'OINGT.

The legal manager of the company 929, Mrs. Manuela Ducloux is domiciled at the registered office of the company and can be reached at the email address contact@polochon-cie.fr or by phone at 06 60 25 32 96.

The company 929 operates, under the brand POLOCHON & CIE of which it is the owner, an activity of sale of textile products and furniture among which portable nomadic flashlights with removable lampshade, intended for children.

The publication director of the site is the company 929.

The site is hosted by:

SAS OVH - https://www.ovh.com/

2 Kellermann Street

PO Box 80157

59100 Roubaix

For any question or request for information concerning the site, or any report of illegal content or activities, the user may contact the publisher:

- By email to manuela.ducloux@yahoo.com

- By mail to the address of the company's registered office: Polochon & Cie, 407 rue Peigneaux Dame, Le Bois-d'Oingt, 69620 VAL D'OINGT

- By phone at: 06 60 25 32 96

2. Acceptance of the Terms of Use

Access to and use of the site are subject to acceptance and compliance with these general conditions of use.

The company 929 reserves the right to modify at any time the website and these conditions, in particular to adapt to changes in legislation, technologies or even to allow the evolution of the site (provision of new features, deletion, modification of existing features).

In case of disagreement with the conditions of use, no use of the site can be made by the user.

3. Creation of a customer area and navigation

Registration and access to the services of the site are reserved exclusively for persons legally capable and having accepted these General Conditions of Use.

Access to the site is strictly prohibited to minors under the age of 15.

When registering, the user undertakes to provide accurate, sincere and up-to-date information on:

- his domicile, his name and surname, his civil status, his telephone number and e-mail address, if he is a natural person;

- its identity (SIREN number), the address of its registered office, its company name, its telephone, postal and e-mail details and the contact details of its legal controller, VAT number, if it is a legal person.

The user must regularly check and update the data concerning him, which must remain accurate during each use.

The user must imperatively provide a valid email address, on which the site will send him a confirmation link of his registration. 

An e-mail address cannot be used multiple times to register for the Services.

Access to the service is limited to the opening of a single account, any duplicate account will be immediately deleted.

Any communication made by the company 929 is deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on his e-mail address and to respond within a reasonable time if necessary.

Email communications may, for a reason beyond the publisher's control, end up in spam from the user's email. The latter undertakes to regularly check his "unwanted" file and to do what is necessary to modify the parameters of his e-mail, if necessary.

The user is assigned an identifier allowing him to access a reserved area (hereinafter "Personal Space"), in addition to entering his password.

The username and password can be modified online by the user in his personal space. The password is personal and confidential, the user undertakes not to communicate it to third parties.

The company 929 reserves the right to refuse a request for registration for the services in case of non-compliance by the user with the provisions of these General Conditions of Use.

The publisher implements technical solutions to allow access to the site 24 hours a day, 7 days a week. 

It may, however, and at any time suspend, limit or interrupt access to the site or certain pages thereof, in order to carry out updates, modifications of its content or any other action deemed necessary for the proper functioning or maintenance of the site.

Thus, for the proper management of the site, the publisher may at any time:

- suspend, interrupt or limit access to all or part of the site, reserve access to the site, or certain parts of the site, to a specific category of Internet user;

- delete any information that may disrupt its operation or contravene national or international laws;

- temporarily suspend the accessibility of the site in order to make updates.

4. Terms of use of the website

As part of the use of the website, the user may be required to write comments on the products purchased by him or to contact the company 929. 

In this context, each user undertakes not to infringe public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these general conditions of use and the general conditions of sale applicable.

Each user is thus obliged to:

- behave fairly;

- not to divert the purposes of the platform to commit crimes, offenses or contraventions;

- not to seek to undermine, within the meaning of articles 323-1 et seq. of the Penal Code, the automated data processing systems implemented;

- not to use the website to send massively unsolicited messages (advertising or other);

In compliance with the legal and regulatory provisions in force and in accordance with the law of 29 July 1981 on freedom of the press, the user undertakes not to disseminate any message or information, in particular:

- constituting denigration;

- contrary to public order and morality;

- insulting, defamatory, racist, xenophobic, revisionist or damaging to the honour or reputation of others;

- inciting discrimination or hatred of a person or group of persons on the basis of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion;

- threatening a person or group of people;

- of a paedophile nature;

- inducing the commission of an offence, crime or act of terrorism or glorifying war crimes or crimes against humanity;

- inciting suicide;

- allowing third parties to obtain directly or indirectly pirated software, software serial numbers, software allowing acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and in general any software or other tool to infringe the rights of others and the safety of persons and property.

It is recalled that for all the content published on the website, the company 929 will have the quality of host within the meaning of Article 6 I 2) of the law of 21 June 2004 for confidence in the digital economy (hereinafter LCEN).

As such, the company 929 reserves the right to remove any content published on the website, for any reason whatsoever, which has been reported to it and which it will consider as manifestly illegal within the meaning of Article 6 I 2 ° of the law of 21 June 2004 for confidence in the digital economy or contrary to its editorial policy.

Notification of manifestly illegal content may be made by e-mail to the address contact@polochon-cie.fr or by registered mail with acknowledgment of receipt in the forms prescribed by Article 6 I 5) of the Act of 21 June 2004.

5. Intellectual property

The structure of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that compose it are the property of the publisher and are protected as such by the laws in force under intellectual property.

Thus, all texts, comments, works, illustrations, works used on the website are protected by copyright. In accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized. 

Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks and services offered by the site, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and would be likely to constitute an infringement within the meaning of articles L. 335-2 and following of the Intellectual Property Code. And this, with the exception of the elements expressly designated as free of rights on the site.

Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property rights relating to an element of the site, which remain the exclusive property of the publisher.

It is forbidden for the user to enter data on the site that would modify or that would be likely to modify the content or appearance.

6. Payment
When he wishes to place an order, the user will be redirected to the secure payment module set up in order to proceed with the payment.

7. Unsubscribe

The regularly registered user may, at any time, request his unsubscription by going to the dedicated page in his Personal Space. 

Any unsubscription from the site will be effective after the user has completed the form provided for this purpose and subject to a processing period not exceeding 15 days.

8. Responsibilities

The publisher is only responsible for the content that he has edited himself.

The publisher is not responsible for:

- in the event of technical, computer or compatibility problems or failures of the site with any hardware or software whatsoever;

- direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties of use of the site or its services;

- the intrinsic characteristics of the Internet, in particular those relating to the unreliability and lack of security of the information circulating on it;

- illegal content or activities using its site without it having duly become aware of it within the meaning of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy and Law No. 2004-801 of 6 August 2004 on the protection of individuals with regard to the processing of personal data.

Under no circumstances can the company 929 be held responsible for the usurpation of the identity of the customer or his identifiers by a third party.

Thus, any action carried out from a member's account will be presumed to have been carried out by this member, the latter being presumed to keep the confidentiality of his identifiers and ensure the security of his customer area and his equipment.

In case of theft, misappropriation, or use of his identifiers, the customer must notify the company 929 without delay, by writing to it at the following address: contact@polochon-cie.fr.

The user is responsible for:

- the protection of its equipment and data;

- the use he makes of the site or its services;

- if it does not respect either the letter or the spirit of these general conditions of use.

9. Data processing

The site may use the so-called "cookies" techniques allowing it to process statistics and information on traffic, facilitate navigation and improve the service for the comfort of the user, who can oppose the registration of these "cookies" by configuring his browser software.

The customer is informed that the company 929 is required to collect, store and process personal data concerning him on the occasion of the conclusion, execution and termination of the contract.

The acceptance of these conditions gives permission to the company 929 to collect, store and / or process the data necessary for the execution of the contract, or required because of the legal obligations that are its own, in particular under the fight against money laundering and the financing of terrorism.

In this context, 929 undertakes to:

- comply with the applicable laws and regulations on the protection of personal data and in particular European Regulation 2016-519 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR), 

- process the data only if this is required for the execution of the purposes listed below and as authorized or required by law, 

- keep personal data strictly confidential, 

- take appropriate organisational, physical and technical security measures to protect personal data, 

- not to transfer personal data outside the territory of the European Union, unless you have obtained the prior authorization of the customer and in a secure framework, in accordance with the requirements of the applicable legislation, either to the countries presented in the level of protection said to be adequate within the meaning of the European authorities for the protection of personal data (CNIL), or to entities (affiliated companies, subcontractors) that have signed standard contractual clauses, such as those published by the European authorities.

The data is collected and processed in a fair and lawful manner. They are collected for specific, explicit and legitimate purposes of which the customer is informed and are not further processed in a manner incompatible with these purposes.

Personal data is processed by the company 929 and its suppliers.

Types of data collected:

- identification: surname, first name, title, date of birth;

- contact details: telephone number, e-mail address, password for access to the site, postal address, IP address;

- connection data and navigation data, order history, preferences and interests, products consulted, delivery incidents, complaints;

- bank details if applicable;

- customer measurements, medical data.

The mandatory nature of the data is indicated to you during the collection by an asterisk.

929 does not process personal data related to racial or ethnic origins, political, religious or philosophical opinions, trade union membership, genetic data, or relating to sexual orientation and life.

Data origins: 

The company 929 collects the data of its customers and contacts, when the customer:

- created a customer area; 

- browses the website; 

- proceeds to an order;

- pays an invoice; 

- contact customer service.

Purpose of data processing:

The data is collected in order to allow:

- the management and delivery of orders; 

- the manufacture of the goods ordered;

- payment of invoices; 

- the follow-up of the customer and the equipment ordered; 

- customer relations; 

- the fight against fraud, particularly in the context of European regulations on the fight against money laundering and the financing of terrorism (KYC);

- the security of our website in order to allow us to ensure the security and viability of the platform; 

- the knowledge of our customers and the statistics and performance of the site.

Recipients of the data: 

The company 929 ensures that the data will only be accessible to authorized recipients such as its subcontractors and banking organizations.

Data retention:

Personal data is kept only for the time necessary to achieve the purpose pursued when it was collected. 

Their conservation is placed under the responsibility of the legal manager of the company 929 whose contact details have been recalled above.

Type of data processed Purpose/reasons for processing Identity of the service provider (if applicable) and address Duration of data retention
Surname, first name, gender, date of birth, home address, if applicable: address of the place of delivery, telephone number, email address, 

Creation of a customer account.

Delivery of orders

Invoicing

Company 929 5 years except order renewal
Operations of statistics, analysis, selection and segmentation of customers in order to improve customer knowledge;

Legitimate interest of the company 929 to better know its customers and to adapt its offers to customers

5 years

Rights:

In accordance with the GDPR, customers and contacts have the following rights, which they can exercise at any time, by writing by mail or email to the company 929, and by proving their identity, to:

- Polochon & Cie, 407 rue Peignaux Dame, Le Bois-d'Oingt, 69620 VAL D'OINGT

- contact@polochon-cie.fr

These rights also derive from the provisions of Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms. Under the provisions of the aforementioned law, the user has, in particular, a right of opposition (Articles 32 and 38), access (Articles 38 and 39) and rectification (Article 40) of the data concerning him.

Right of access:

Customers and contacts have the right to request a copy of their personal data that is the subject of the processing, the latter being subject to compliance with the following rules:

- the request comes from the person himself and is accompanied by a copy of an up-to-date identity document;

- the request must be made in writing to the following address: Polochon & Cie, 407 rue Peignaux Dame, Le Bois-d'Oingt, 69620 VAL D'OINGT. 

Right to rectification:
If the personal data is inaccurate or incomplete, the user may request its rectification.
Right to erasure:

Customers and contacts may request the deletion of their data, within the limit permitted by law and in particular:

- when the personal data are no longer necessary for the purposes for which they were collected or otherwise processed;

- where the personal data have been unlawfully processed

- when the data subject objects to the processing of his or her personal data for prospecting purposes, including profiling;

- when the data subject objects to processing that is necessary for the purposes of the legitimate interests pursued by 929 and there are no overriding legitimate grounds for the processing;

- where the data subject withdraws the consent on which the processing is based and there is no other legal basis for the processing;

Right to object:
Customers or contacts may, for reasons related to their particular situation, object to the processing of their personal data.

Right to portability:

Where this right is applicable, the customer or contact has the right to request to recover the data provided or that it be transmitted to a third party if technically possible.

For all the aforementioned rights enjoyed by the customer or contact and in accordance with the legislation on the protection of personal data, you are informed that these are rights of an individual nature that can only be exercised by the data subject in relation to his or her own information. To fulfil this obligation, we will verify the identity of the data subject.

In application of the law 78-17 of January 6, 1978, it is recalled that the personal data that are requested from the Customer are necessary for the processing of his order and the establishment of invoices.